Application for Mediation

10 Apr 2014

Strata and Community Living often brings people of diverse interests and backgrounds close together. Disagreements and disputes can sometimes arise.

Mediation seeks to assist people in strata and community schemes resolve their disputes on terms that work for them.

Mediation is a structured negotiation process in which a neutral and independent mediator assists parties in dispute to achieve their own resolution.

Mediation is quick, inexpensive and informal way of resolving disputes.  It gives all parties the opportunity to explain their situation.

Flexibility is another advantage of mediation.  Arrangements can be made to suit each case.

Mediation can also include support people who who can help clarify issues in dispute.  For instance, you may want to bring a builder or other person with specialist knowledge.

In most cases of mediation is compulsory.  You cannot take any further steps under the Act to resolve your dispute unless an attempt at mediation has been made.

Your application will usually be completed within four weeks.

At the mediation session everybody sits around a table and talks through the issues with the help of a mediator. 

A fee must by paid by the applicant for mediation.  There are no other charges involved.

NSW Fair Trading has qualified mediators and staff with knowledge of strata and community laws.  If you prefer, you can find and pay for a mediator of your own choice.

The mediator's role is to:

  • assist the parties raise and consider options and strategies by which the issues may be addressed
  • assist the parties to discuss the issues with a view to negotiating a settlement they can all live with.

The mediator does not determine who is right or make decisions for the parties. 

All parties are encouraged to actively participate in mediation.

NSW Fair Trading may be able to help by providing information to both sides on their rights and responsibilities under the strata and community law.

Any agreement reached through the mediation process may be put in writing and signed by all parties.  These agreements can be ratified by an Adjudicator or the Consumer, Trader & Tenancy Tribunal.

For more information head to www.fairtrading.nsw.gov.au

Source: Stratalive - www.stratalive.com.au

Comments

# At 1:27pm, July 27, 2015, Nasiruddin said:
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I do enjoy the way you have presented this sifciepc issue and it does indeed supply me a lot of fodder for consideration. On the other hand, through just what I have observed, I basically trust when other feedback pile on that people continue to be on issue and not embark on a soap box involving some other news du jour. Anyway, thank you for this fantastic point and while I can not really go along with it in totality, I value the perspective.
# At 8:31am, October 21, 2015, Tahirbutt said:
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How does a party go about asking for a metoidar? My husband and his ex-wife were assigned a metoidar a few years ago, but she has since resigned, and at the time there were no issues with the parenting time. Another metoidar had not been assigned. In the past couple weeks, the ex-wife is saying she is refusing to send the children for the court ordered parenting time of spring break. Father is out of state and has already purchased his airline tickets. The case is in Marion County. Thanks.
# At 8:55pm, December 26, 2015, Felipe said:
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Hi Ruth, thank you for your comment and mentoin of of Maypole's work. I agree the world out there seems so focused on promoting the importance of the father's relationship that all the child's other needs don't seem to matter, and women are silenced. I will include part of your comment in our response to the Government's consultation on changing the Children Act to emphasise the importance of continuing relationships, as such a focus can detract from all other needs of the child. I hope things work out well for you and your child(ren).
# At 8:24pm, December 30, 2015, Alice said:
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in most cases what you had prior to your marriage will reiman yours. second, if you have things that you bought together, but still want to keep them. sell them to a family member that you can trust will give them back when this is all done.sell it to them cheap like $1 up to $100 depending on there worth. when you go to court and he ask for certain things. either prove you sold them by having a receipt, or prove they were your before the marriage. also, if you can bring in your financial statements, proving that your the one paying for things that he is not much of a provider. good luck!!References :

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